HomeMy WebLinkAboutWBS 47098.1.2_R-5826B_Montogomery County.pdfROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
MEMORANDUM
NORTH CAROLINA
Environmental Quality
July 10, 2019
Subject: Scoping comments for the proposed improvements extending from Hearne Farm Road (SR 1127) to Pee
Dee Road (SR 1174) near Mount Gilead, Montgomery County; Project Number R-58692B; WBS No.
47098.1.2.
The Division of Water Resources received a request for comments dated June 18, 2019 for the subject project.
Preliminary analysis of the project reveals the potential for impacts to streams in the project area. More specifically,
impacts to the features identified in Table 1.
Table 1. Streams within pr Ject s study area.
Stream Name
River Basin /
Sub Basin
Stream
Classifications
Stream Index
Number
303(d) Listing
Hall Branch
Yadkin Pee -Dee
C
13-16-4-1
N/A
Big Town Creek
Yadkin Pee -Dee
C
13-25-35
N/A
Lick Fork
Yadkin Pee -Dee
C
13-16-4
N/A
Further investigations at a higher resolution should be undertaken to verify the presence of additional streams and/or
jurisdictional wetlands in the area. If any jurisdictional areas are identified, the Division of Water Resources requests
that the following environmental issues for the proposed project are considered:
General Project Comments:
The environmental document should provide a detailed and itemized presentation of the proposed impacts to
wetlands and streams with corresponding mapping. If mitigation is necessary as required by 15A NCAC
21-1.0506(h), it is preferable to present a conceptual (if not finalized) mitigation plan with the environmental
documentation. Appropriate mitigation plans will be required prior to issuance of a 401 Water Quality
Certification.
Environmental impact statement alternatives shall consider design criteria that reduce the impacts to streams and
wetlands from storm water runoff. These alternatives shall include road designs that allow for treatment of the
storm water runoff through best management practices as detailed in the most recent version of the North
Carolina Department of Transportation Stormwater Best Management Practices Tool box manual, such as
grassed swales, buffer areas, preformed scour holes, retention basins, etc.
After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality Certification,
the NCDOT is respectfully reminded that they will need to demonstrate the avoidance and minimization of
impacts to wetlands (and streams) to the maximum extent practical. In accordance with the Environmental
Management Commission's Rules (15A NCAC 2H.0506[h]), mitigation will be required for impacts of greater
than 1 acre to wetlands. If mitigation is required, the mitigation plan shall be designed to replace appropriate
lost functions and values. North Carolina Division of Mitigation Services may be available for assistance with
wetland mitigation.
D Q
�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1611
11 NORTH CAROLINA i
n.p Q,o,enw-g WIKV �� 919.707.9000
4. In accordance with the Environmental Management Commission's Rules (15A NCAC 2H.0506[h]), mitigation
will be required for impacts of greater than 300 linear feet to any perennial stream. If mitigation is required, the
mitigation plan shall be designed to replace appropriate lost functions and values. The North Carolina Division
of Mitigation Services may be available for assistance with stream mitigation.
5. Future documentation, including the 401 Water Quality Certification Application, shall continue to include an
itemized listing of the proposed wetland and stream impacts with corresponding mapping.
6. The NCDWR is very concerned with sediment and erosion impacts that could result from this project. The
NCDOT shall address these concerns by describing the potential impacts that may occur to the aquatic
environments and any mitigating factors that would reduce the impacts.
7. An analysis of any anticipated cumulative and secondary impacts due to this project is required. The type and
detail of analysis shall conform to the NC Division of Water Resource Policy on the assessment of secondary
and cumulative impacts dated April 10, 2004.
8. The NCDOT is respectfully reminded that all impacts, including but not limited to, bridging, fill, excavation and
clearing, and rip rap to jurisdictional wetlands, streams, and riparian buffers need to be included in the final
impact calculations. These impacts, in addition to any construction impacts, temporary or otherwise, also need
to be included as part of the 401 Water Quality Certification Application.
9. Where streams must be crossed, the NCDWR prefers that bridges are used in lieu of culverts. However, we
realize that economic considerations often require the use of culverts. Please be advised that culverts should be
countersunk to allow unimpeded passage by fish and other aquatic organisms. Moreover, in areas where high
quality wetlands or streams are impacted, a bridge may prove to be preferable. When applicable, the NCDOT
should not install the bridge bents in the creek, to the maximum extent practicable.
10. Whenever possible, the NCDWR prefers spanning structures. Spanning structures usually do not require work
within the stream or grubbing of the streambanks and do not require stream channel realignment. The horizontal
and vertical clearances provided by bridges shall allow for human and wildlife passage beneath the structure.
Fish passage and navigation by canoeists and boaters shall not be blocked. Bridge supports (bents) should not
be placed in the stream when possible.
11. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge
and pre-treated through site -appropriate means (grassed swales, pre -formed scour holes, vegetated buffers, etc.)
before entering the stream. To meet the requirements of NCDOT's NPDES permit NCS0000250, please refer
to the most recent version of the North Carolina Department of Transportation Stormwater Best Management
Practices Toolbox manual for approved measures.
12. Sediment and erosion control measures should not be placed in wetlands or streams.
13. Borrow/waste areas should avoid wetlands to the maximum extent practical. Impacts to wetlands in
borrow/waste areas will need to be presented in the 401 Water Quality Certification and could precipitate
compensatory mitigation.
14. The 401 Water Quality Certification application will need to specifically address the proposed methods for
stormwater management. More specifically, stormwater shall not be permitted to discharge directly into streams
or surface waters.
15. Based on the information presented in the document, the magnitude of impacts to wetlands and streams may
require an application to the Corps of Engineers and corresponding 401 Water Quality Certification. Please be
advised that a 401 Water Quality Certification requires satisfactory protection of water quality to ensure that
water quality standards are met, and no wetland or stream uses are lost. Final permit authorization will require
the submittal of a formal application by the NCDOT and written concurrence from the NCDWR. Please be
aware that any approval will be contingent on appropriate avoidance and minimization of wetland and stream
impacts to the maximum extent practical, the development of an acceptable stormwater management plan, and
the inclusion of appropriate mitigation plans where appropriate.
16. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
17. If temporary access roads or detours are constructed, the site shall be graded to its preconstruction contours and
elevations. Disturbed areas shall be seeded or mulched to stabilize the soil and appropriate native woody species
shall be planted. When using temporary structures, the area shall be cleared but not grubbed. Clearing the area
with chain saws, mowers, bush -hogs, or other mechanized equipment and leaving the stumps and root mat intact
allows the area to re -vegetate naturally and minimizes soil disturbance.
18. Unless otherwise authorized, placement of culverts and other structures in waters and streams shall be placed
below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of
water and aquatic life. Design and placement of culverts and other structures including temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or
banks, adjacent to or upstream and downstream of the above structures. The applicant is required to provide
evidence that the equilibrium is being maintained if requested in writing by the NCDWR. If this condition is
unable to be met due to bedrock or other limiting features encountered during construction, please contact the
NCDWR for guidance on how to proceed and to determine whether a permit modification will be required.
19. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely
as possible including pipes or barrels at flood plain elevation, floodplain benches, and/or sills may be required
where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or
outlet end of structures typically decreases water velocity causing sediment deposition that requires increased
maintenance and disrupts aquatic life passage.
20. If foundation test borings are necessary; it shall be noted in the document. Geotechnical work is approved under
General 401 Certification Number 3883/Nationwide Permit No. 6 for Survey Activities.
21. Sediment and erosion control measures sufficient to protect water resources must be implemented and
maintained in accordance with the most recent version of North Carolina Sediment and Erosion Control Planning
and Design Manual and the most recent version of NCS000250.
22. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from
the most current version of the NCDOT Construction and Maintenance Activities manual such as sandbags, rock
berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
23. While the use of National Wetland Inventory (NWI) maps, NC Coastal Region Evaluation of Wetland
Significance (NC -CREWS) maps and soil survey maps are useful tools, their inherent inaccuracies require that
qualified personnel perform onsite wetland delineations prior to permit approval.
24. Heavy equipment should be operated from the bank rather than in stream channels to minimize sedimentation
and reduce the likelihood of introducing other pollutants into streams. This equipment shall be inspected daily
and maintained to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or
other toxic materials.
25. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
26. Riparian vegetation (native trees and shrubs) shall be preserved to the maximum extent possible. Riparian
vegetation must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
Thank you for requesting our input. The issuance of a 401 Water Quality Certification requires that appropriate
measures be instituted to ensure that water quality standards are met, and designated uses are not degraded or lost. If
you have any questions or require additional information, please contact April Norton at april.norton(&ncdenr.gov.
Sincerely,
April R. Norton
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NCDWR Project No.:
Applicant:
Project Name:
NORTH CAROLINA
Environmental Quality
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No.
Date
D Q
�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1611
11 NORTH CAROLINA i
n.p Q,o,enw-g WIKV �� 919.707.9000